Saturday, June 11, 2011

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What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

I believe they want to earn extra money from us. What should we do now about this wrong info?

You think we have no choice here but to pay?

I'm sorry and thanks for your help.

You really can't do much about it now.

If you wanna fight your employer, you may end getting fired.

So, just bite the bullet and pay.

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saravanaraj.sathya

08-08 03:23 PM

Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.

But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?

Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US. Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?

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softcrowd

06-21 10:43 AM

So if my 140 is denied while my 485 is pending & if I have another 140 that's approved, Can I just swap it? Is that possible?

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sathyaraj

10-09 05:45 PM

Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

http://www.onetcodeconnector.org/ccreport/15-1051.00

I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks

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pappu

11-15 09:37 AM

My RIR is rejected. My LC is still pending. My lawyer says it is moved to TR queue

If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.

Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

I think they had understanding of RD all along. The reason I say that is anytime I contacted IO or went to InfoPass they had this information. What was different then was that they had all applications in sets of boxes, which had random applications. Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved. Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

They should better post where they are based on PDs, and work based on that too.

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GcInLimbo

11-18 01:22 PM

Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.

Received Transfer notice from CSC to NSC...originally filed at TSC. No Receipt Notice, EAD, AP or FP.:mad:

friends,

Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?

I485 filled on July 31, 2007

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learning01

04-12 12:33 PM

As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

Many skilled foreigners leaving U.S. Exodus rooted in backlog for permanent status

Karin Rives, Staff Writer

When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

"You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

"We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

"We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

However, not everybody believes in the labor shortage that corporations fret about.

Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

"We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

Waiting since 2003

Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

"I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

"It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

Limit of 140,000

Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

* Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

* Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

* Raise the 7 percent limit for nations such as India that have many highly skilled workers.

After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

"Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc. I thought this deserves it's own thread. Please comment and act.

My parents got from india, not worth it bcoz even for simple visit for fever we needed to pay ($100)

1) bcoz the doctor would not take the insurance, they said they donot deal with the insurance we have. 2) i called up the insurance co. in india ...we were asked pay and claim the paid amount after there return to india.

Get one from here (USA) i would suggest.

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desi3933

06-19 10:07 AM

If there is sufficient time left on H1B, can one go for stamping at consulate although I485 is filed.

Yes. H1-B stamping has nothing to do with I-485 filing.

Please do some research before posting any question. Thanks!

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

I don't have a Masters although most people I work with do. I work in Audit/Advisory. One must have at least 150 credits at US University to apply for the position. Most people get their Masters in order to satisfy this requirement. I double majored in Finance and Accounting and am now worried that I shot myself in the foot.

The position implies a Master's Degree requirement but will accept BS if, as in my case, one double majored or took on alot of classes.

Like I mentioned earlier, I am from Europe so I am wondering how severe the backlog is. I can't believe the wait can be that long.

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vnsriv

06-25 11:44 AM

Couple of options 1. Don't file your I-485 till you return from India 2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case 3. Your husband can have I-485 notice and still get H1 stamped in India I got my H1 stamped even when I had AP and EAD 4. You have 90% chance of getting receipt before Oct if you are in EB2 5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)

There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.

There are several approved cases without letter or I485 receipts.

But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet: Packet with top right (application for AP A#...) .... I131 Application .... Envelop (on cover describing that it contains photo and check) ........ Two pictures with name and A# on back ........ $305 check in favor of U.S. Department of Homeland Security, USCIS .... Copy of I485 Receipt Notice .... Copy of previous AP .... Photo Ids (all) ........ Copy of Biographic Pages of Passport and ........ Copy of DL and ........ Copy of EAD .... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.

Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.

In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.

Update: Received both APs in less than 2 months.

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Munna Bhai

07-12 10:21 AM

any more help??

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casper21

07-27 11:14 AM

Hey ags, Sorry for asking many question, when you are trying to find answers to your problem. I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?

Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA? *** IS this possible?

st4rguitar

04-06 01:39 PM

I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.

I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you

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